TERMS OF USE

Last updated: 6 November 2025

1. AGREEMENT TO TERMS

1.1. These Terms of Use (these "Terms") are a legally binding agreement between users you ("you") and Pulseapp Solutions OÜ, legal address: Harju maakond, Tallinn, Kesklinna linnaosa, Maakri tn 19, 10145 ("we", “our” or "us"), which regulates the conditions and rules of use of this website (“Service”), including all information, text, graphics, software, and services, available for your use (“Content”).

1.2. THESE TERMS APPLY TO ALL VISITORS, USERS, AND OTHERS WHO WISH TO ACCESS OR USE THE SERVICE. YOUR ACCESS TO AND USE OF THE SERVICE IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. BY ACCEPTING THESE TERMS OR BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS AND THAT YOU HAVE THE FULL AUTHORITY TO ENTER INTO AND BIND YOURSELF TO THE TERMS.

1.3. Please also review our Privacy Policy and Cookie Notice. The terms of these documents and other supplemental terms, policies, or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference.

1.4. By using the Service, you represent and warrant that you are at least 18 years of age and have the right, authority, and capacity to enter into these Terms and to abide by the terms and conditions of these Terms.

1.5. THESE TERMS CONTAIN INDEMNIFICATION (SECTION 6), LIMITATION OF LIABILITY (SECTION 7), AND DISCLAIMER OF WARRANTIES (SECTION 8). IF YOU DISAGREE WITH ANY PART OF THE TERMS, THEN YOU SHOULD NOT ACCESS OR USE THE SERVICE.

1.6. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide you with a prior notice before any new Terms take effect. What constitutes a material change will be determined at our sole discretion. In other cases, changes will be notified to you only by updating the "Last updated" date of these Terms, and you waive any right to receive specific notice of each such change. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree with the new Terms, you shall stop accessing and using the Service.

2. USE OF THE SERVICE

2.1. This Service outlines the Company's software development and research projects and presents opportunities for commercial cooperation and professional engagement.

2.2. You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices, Internet service provider, and airtime charges).

2.3. We retain the right to implement any changes to the Service at any time, with or without notice. Except to the extent prohibited by law, we are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of the Service. If such changes affect your use of the Service, you may stop accessing the Service at any time.

2.4. Your access to and use of the Service is at your own risk. Except to the extent prohibited by law, we will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party, including, without limitation, any bodily harm, that results from your access to or use of the Service, or reliance on any information or advice.

2.5. We also reserve the right to suspend or terminate your access to the Service or any of its features, with or without notice to you, in the event that you breach these Terms.

3. IP RIGHTS

3.1. You acknowledge that all the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), data, other content, software and materials displayed on the Service or used by us to operate the Service are proprietary to us or to third parties. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

3.2. We expressly reserve all rights, including all intellectual property rights, in all of the foregoing, and except as expressly permitted by these Terms, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other exploitation of them is strictly prohibited. The provision of the Service does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights.

3.3. Subject to these Terms, we grant you a non-transferable, non-exclusive, license (without the right to sublicense) to use the Service as specified in clause 2 above. You shall also comply with restrictions to the use of Service.

3.4. You agree, represent, and warrant that your use of the Service, or any portion thereof, will be consistent with the foregoing license, covenants, and restrictions and will neither infringe nor violate the rights of any other party nor breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations, and ordinances relating to the Service or your use of it, and you will be solely responsible for your own individual violations of any such laws.

3.5. We collect and process your data to provide our software when using the Service. Privacy Policy describes how your data can be collected, processed, and transmitted.

4. THIRD PARTY WEBSITES

4.1. Our Service may contain links to third-party websites or services that are not owned or controlled by us (“Third Party Websites”). We have no control over and assume no responsibility for the content, privacy policies, or practices of any Third Party Websites. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Third Party Websites. We strongly advise you to read the terms and conditions and privacy policies of any Third Party Websites that you visit.

4.2. Our Service may also enable integration with the range of Third Party Websites, as presented on our Website. You acknowledge and agree that your use of these Third Party Websites will be subject to the terms and conditions and privacy policies of the relevant third parties and that we shall not be liable for your enablement, access or use of the Third Party Websites, including your data processed by the relevant third party.

4.3. You hereby release us, our personnel and affiliated companies (if any) from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of Third Party Websites.

5. USER OBLIGATIONS

5.1. By using the Service, you represent and warrant that:

• You are neither subject to the sanctions of the United Nations, United States, the European Union or the United Kingdom, nor located in any of the countries or territories that are subject to these sanctions
• You are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country;
• You are not listed on any U.S. government list of prohibited or restricted parties; and
• Your use of the Service will not violate any applicable law or regulation.

5.2. As a user of the Service, you also agree not to:

• Retrieve any content from the Service in order to create, decompile, decipher, disassemble or reverse engineer any of the software, database or similar material;
• Make any modification, adaptation, translation or any other derivative work from the Service and any of its content;
• Try to interfere in any way with the security features of the Services, including without limitation, through (i) the distribution of virus files or other materials that may damage the operation of Service or other computers, (ii) creating undue burden on the Service or its networks; (iii) using the Service to send automated queries to other networks;
• Try to bypass paywalls or other measures of the Service designed to restrict the access to the paid or restricted content of the Service;
• Use the Service in any way that causes or may cause any harm to our website, domains or other customer’s domains;
• Use the Service in breach of applicable law; or
• Otherwise infringe these Terms.

5.3. We also reserve the right to take whatever lawful actions we may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension, cancellation, or termination of your license (in whole or in particular part) and access to the Account and Service. We will cooperate with legal authorities or third parties to investigate any suspected or alleged crime or civil wrong.

6. INDEMNIFICATION

6.1. You agree to indemnify and hold harmless us, our personnel or affiliated companies (if any), our suppliers, licensors and partners, against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (i) your use of the Service or (ii) your violation of these Terms.

6.2. We reserve our right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

7. LIMITATION OF LIABILITY

7.1. IN NO EVENT SHALL WE, OUR PERSONNEL OR AFFILIATED COMPANIES (IF ANY), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; AND (V) CASES WHERE THE FUNCTIONALITY OF THE SERVICE IS DISRUPTED OR LIMITED AS A RESULT OF A MALFUNCTION OF A MOBILE DEVICE, INTERNET PROVIDER, OR MOBILE OPERATOR, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

7.2. YOU ALSO AGREE THAT OUR MAXIMUM LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SERVICE IS LIMITED TO USD 100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE TERMS BETWEEN YOU AND US.

7.3. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

7.4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

8. GENERAL DISCLAIMER OF WARRANTIES

8.1. EXCEPT TO THE EXTENT PROHIBITED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE, OUR PERSONNEL, AFFILIATED COMPANIES (IF ANY) AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ANY AND ALL WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE.

8.2. IN PARTICULAR, WE MAKE NO AND EXPRESSLY DISCLAIM ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS AND BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING DATA, WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY DATA OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

8.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

9. APPLICABLE COURT AND LAW

9.1. All matters relating to these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Estonia without giving effect to any choice or conflict of law provision or rule (whether of Estonia or any other jurisdiction).

9.2. These Terms are a contract for the provision of services instead of a contract for the sale of goods. You acknowledge and agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG), Uniform Commercial Code (UCC), the Uniform Computer Information Transaction Act (UCITA), or any other similar legislation as may be enacted shall not apply to these Terms.

9.3. Any dispute arising out of or in relation to these Terms and the Service shall be subject to the exclusive jurisdiction of the Estonian courts. You acknowledge and agree that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

9.4. Subject to the choice of forum stipulated above, you shall initially negotiate with us in good faith to attempt to resolve any disputes. If such good faith negotiations do not resolve the dispute within thirty (30) calendar days of the first notice of dispute, you may proceed as agreed above.

10. TERMINATION

10.1. These Terms shall become effective from the date you first accessed or used the Service and be valid until terminated as set forth herein.

10.2. You may terminate the Terms by stopping accessing the Service.

10.3. We may terminate the Terms immediately without any cause or in case of breach of these Terms.

10.4. Upon termination, all provisions of these Terms, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

11. MISCELLANEOUS

11.1. Except as otherwise expressly provided herein, these Terms set forth the entire agreement between you and us regarding your use of the Service, and supersede all prior promises, agreements, or representations, whether written or oral, regarding such subject matter.

11.2. The rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law. No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to these Terms will impair any such right or be construed to be a waiver thereof, and a waiver of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained.

11.3. If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal, or unenforceable, the rights and obligations shall be construed and enforced as if these terms did not contain the particular term or provision held to be invalid, illegal, or unenforceable.

11.4. We may transfer or assign any and all of its rights and obligations under these Terms to any other person, by any way, including by novation, and by accepting these Terms, you give us consent to any such assignment and transfer. You confirm that placing on the Service a version of these Terms indicating another legal entity or individual as a party to the Terms shall constitute valid notice to you of the transfer of our rights and obligations under the Terms (unless otherwise expressly indicated).

11.5. We shall not be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside our reasonable control.

11.6. All notices, requests, consents, claims, demands, waivers, and other similar communications under these Terms shall be sent in writing. YOU ACKNOWLEDGE AND AGREE THAT ALL OUR COMMUNICATION WITH YOU AT THE SERVICE, INCLUDING WITHOUT LIMITATION, THROUGH EMAIL, IS AN ELECTRONIC COMMUNICATION THAT IS EQUIVALENT TO COMMUNICATION IN WRITING AND SHALL HAVE THE SAME FORCE AND EFFECT AS COMMUNICATION WRITTEN AND SIGNED BY THE PARTIES. YOU ALSO ACKNOWLEDGE AND AGREE THAT BY CLICKING ON BUTTONS LABELED “CONTINUE”, “PAY”, “REGISTER” OR SIMILAR LINKS OR BUTTONS, YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT.

12. CONTACT US

If you want to send any notice under these Terms or have any questions regarding the Service, you may contact us at [email protected].